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Ohio Supreme Court Upholds Statute Of Repose Requiring Medical Malpractice Suits To Be Filed Within Four Years

December 2, 2016 — Columbus, OH  |  Download PDF  |  Media Contact: Antionette Goff

In a recent decision, Antoon v Cleveland Clinic Foundation, Slip Opinion 2016-Ohio- 7432, the Ohio Supreme Court held that the Ohio medical-malpractice statute of repose in Ohio Revised Code 2305.113 (C) is constitutional even to the extent it prohibits bringing suit on a cause of action that has vested and accordingly, is a true statute of repose that applies to both vested and nonvested claims. The Court noted that they did not decide whether Ohio’s saving statute, R.C. 2305.19,or the federal tolling statute, 28 U.S.C. 1367, properly invoked, may allow actions to survive beyond expiration of the statute of repose.